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HomeMy WebLinkAboutMin - PC - 1979.03.12V. CITY OF BURLINGAME PLANNING COMMISSION MARCH 12, 1979 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Chairman Jacobs on Monday, March 12, 1979 at 7:32 P.M. ROLL CALL Present: Commissioners Cistulli, Francard, Jacobs, Kindig, Mink, Sine, Taylor Absent: None Staff Present: John R. Yost, Assistant City Planner; Ralph E. Kirkup, City Engineer; Jerome F. Coleman, City Attorney MINUTES The minutes of the February 26, 1979 meeting were approved as mailed. AGENDA Items 7, 12 and 13 were removed from tonight's agenda at the request of the applicants. Commissioner Cistulli moved for approval of the agenda. ITEMS FOR ACTION 1. APPEAL FROM BUILDING CODE REQUIREMENT THAT AN EXISTING NON• -CONFORMING STAIRWAY BE CORRECTED, AS A CONDITION OF THE BUILDING PERMIT FOR A PROPOSED SECOND FLOOR BATHROOM; BY MR. SUKHJIT CHAHAL, 1040 CORTEZ AVENUE City Engineer Kirkup reviewed this appeal of the building inspector's requirement that an existing stairway to a proposed upstairs bathroom be rebuilt to code standards. Reference March 7, 1979 letter from the applicant and March 8, 1979 memo from Director of Public Works. Staff had no objection to the appeal with conditions as listed in the 3/8/79 memo. Mr. Chahal, the applicant, was present and advised he fully understood the code requirements. Commissioner Sine had inspected the site and noted the hardship involved should the stairway improvements be required. Commissioner Taylor felt the existing stairs were a safety hazard. City Attorney explained that Commission action this evening was a vote on an exception to the dimensional requirements of a stairway, as set forth in the building code; the reason for these codes is safety. The sequence of events in this matter was discussed and it was confirmed the stairs were probably to code when the house was built, approximately 40 years ago. Commissioner Sine moved to sustain this appeal with the following conditions: (1) that the new bathroom meet all code requirements;.and (2) that the applicant assure the City in writing that the remaining attic area will be used for storage, or submit plans detailing how the minimum height requirements will be met. Second Commissioner Mink and approved 6-1 on roll call vote, Commissioner Taylor dissenting. The applicant was advised to confer with staff as to the intent of the motion to approve. Page 2 Burlingame Planning Commission Minutes March 12, 1979 2. RESOLUTION NO. 1-79 RECOMMENDING ENVIRONMENTAL IMPACT REPORT EIR-50P FOR THE RECLASSIFICATION TO THE R-3 DISTRICT OF THOSE R-1 PORTIONS OF PROPERTY AT 911/915/927 EL CAMINO REAL Assistant City Planner Yost reviewed the February 8, 1979 hearing on EIR-50P, noting the EIR addresses the -'general environmental effects of the rezoning, and does not describe in detail a specific building. He noted, however, the applicant has now submitted specific plans for an 18 unit condominium project; Pie also noted remarks and correspondence by the applicant's attorney, and comments try neighbors which have been addressed in the Addendum to EIR-50P. He believed the principal issue which has emerged with this application is the applicant's proposed use of 1509 Sanchez Avenue (the R-1 portion). Reference 24 February 1979 letter from seven families in the area urging that Lot 22 (1509 Sanchez) be excluded from the applicant's specific plans and staff report for the 2/8/79 meeting. Mr. Yost concluded by noting the first item in connection with these related applications was Resolution No. 1-79 and a decision on the adequacy of EIR-50P and its Addendum. Commissioners Cistulli and Mink (absent at the hearing) were advised by the City Attorney they could act on these items this evening since they had read EIR-50P and the February 8, 1979 minutes. Several Commissioners expressed their concern that: (1) the report does not deal with a specific plan (staff response: on pages 50 and 51 of EIR-50P the proposed condominium project is briefly discussed with possible adverse impacts); (2) there should be a traffic report on Sanchez Avenue and E1 Camino Real (staff response: an attachment to the Addendum prepared by the Traffic section of the City gives a traffic count taken February 27, 1979); (3) request that mitigating considerations and findings be included with regard to the noise impact of recreational use of Lot 22 as well as the'7' side yard code requirement (staff response: these concerns are included in Exhibit A attached to Resolution No. 1-79). Commissioner Kindig found the EIR and Addendum adequate; he then moved for approval of Resolution No. 1-79 Recommending Environmental Impact Report, EIR-50P, for the Reclassification to the R-3 District of those R-1 Portions of Property at 911/915/927 E1 Camino Real. Second Commissioner Sine and approved 6-1 on roll call vote, Commissioner Cistulli dissenting. 3. RECLASSIFICATION OF A PORTION OF LOTS 2 AND 3, AND ALL OF LOT 23, BURLINGAME SUBDIVISION NO. 5 FROM THE R-1 TO R-3 DISTRICT, BY ZEV AND NAVA BEN-SIMON CONTINUED FROM 2/8/79) Assistant City Planner Yost reviewed this request to move the 11-1/R-3 boundary 50' to the west so that all of the parcels on El Camino Real are within one zoning district. Reference January 22, 1979 letter from Albert Polonsky, applicant's attorney, giving background information on this anomaly. Staff had no objection to the rezoning. The applicants were present. Mr. Polonsky addressed Commission and briefly reviewed the historical background as well as Mr. Ben-Simon's previous application for a portion of this property. He stated a more viable project could be attained if the reclassification were approved. Chairman Jacobs opened the public hearing. Eugene Hannan, 1400 Edgehill Drive, read 24 February 1979 letter signed by seven families in the area and commented upon the suggestions made. He noted the letter requested a 20' side yard to the west of the proposed building (adjacent to the property line between Lots 22 and 23), and asked Page 3 Burlingame Planning Commission Minutes March 12, 1979 that the word "significant" be deleted from item #8, the sentence to read: . protection of all the trees on the property and adjacent properties". He urged that 1509 Sanchez not be included in the project, and referenced a petition in opposition previously presented containing 202 names of Burlingame residents. Options to ensure side yard protection to 1509 Sanchez were discussed by staff and Commission. It was suggested by the City Attorney this could be made a condition of the reclassification but be implemented through the parcel map. - Avner Naggar, architect, 2947 Frontera Way, spoke in support of this application and expressed his feeling the project would be an asset to the City of Burlingame. Lillian Hax, 1514 Forest View Avenue, spoke in favor, noting this project was a great improvement as compared to the previous proposal. Nannette Giomi, 1600 Forest View Avenue (one of the persons signing the 24 February 1979 letter) spoke in opposition. She noted City Council Resolution No. 24-75 amending the General Plan to make it identical to the R -1/R-3 zoning district boundary. She was concerned with setting a precedent of utilizing R-1 property for multi -family development. Mr. Johnson whose parents reside at 1506 Forest View Avenue expressed approval of the project. Mr. Yesihar, 1020 Cortez Avenue, had concern about traffic impacts and drainage/ sewer problems. It was noted the sewer problem was addressed in the Addendum to EIR-50P; City Engineer Kirkup discussed this further. Terrence Giomi, 1600 Forest View Avenue, did not believe alternatives to this proposal would necessarily be a worse project. Attorney Polonsky discussed the impact and economic feasibility of excluding 1509 Sanchez Avenue. There were no further audience comments and the public hearing was closed. Chairman Jacobs asked Mr. Polonsky if anyone had previously mentioned the possibility of a side yard greater than 7' adjacent to 1509 Sanchez. Mr. Polonsky replied that the first time the 7' came up was when it was discussed at a neighborhood meeting the previous week. Considerable discussion followed between applicant's attorney, staff and Commission. Matters discussed: economic feasibility of the project with elimination of 1509 Sanchez; resident and visitor parking in each case; side yard requirements of the project; the concept of buffering and setbacks to protect R-1 from R-3; the open space and buffer zone 1509 might provide; setbacks and yards on all sides of the property; protection of existing trees; aesthetics of the proposed design; possibility of partial rezoning and various alternatives in the configuration of the project; concern about incorporating the R-1 property into this R-3 project, with the possible setting of a precedent; the rights of the property owner to use his land if 1509 Sanchez were eliminated from the project. Commissioner Taylor moved that the application for reclassification be approved subject to the condition that any building thereon shall require approval by the Planning Commission. Second Commissioner Sine; approved 4-3 on roll call vote, Commissioners Cistulli, Mink and Jacobs dissenting. Appeal procedures were advised. Recess 9:50 P.M.; reconvene 10:08 P.M. 4. TENTATIVE PARCEL MAP, BEING A MERGER OF LOTS 22, 23 AND 24 AND A PORTION OF LOTS 1, 2 AND 3, BY MARTIN -M. RON ASSOCIATES FOR ZEV AND NAVA BEN-SIMON (CONTINUED FROM 2/8/79) City Engineer Kirkup reviewed this item, noting the existing parcel map includes Lot 22. He recommended approval with the 7 conditions listed in the Asst. City Engineer's February 1, 1979 memo and (in accordance with Commission discussion this evening) the exclusion of Lot 22 from the new parcel to be formed. He explained that if Commission wishes to exclude Lot 22, the parcel map may be amended by motion. Page 4 Burlingame Planning Commission Minutes March 12, 1979 Albert E. Polonsky, applicants' attorney, emphasized to Commission the request for consolidation includes Lot 22; he stated 1509 Sanchez Avenue is vital to the project and discussed the reasons for this. Applicant is agreeable to the 7 conditions in the Asst. City Engineer's 2/1/79 memo. He advised the proposed design extends to the property line of 1509 Sanchez, but offered to reduce the width of the design by 71. On-site parking and the use of 1509 Sanchez Avenue were discussed. Chairman Jacobs opened the public hearing. Richard Varni, 1617 Sanchez Avenue, discussed the neighbors' concerns and advised they did not want Lot 22 included in the consolidation. Nannette Giomi, 1600 Forest View Avenue, •inquired about the proposed plans; she was advised the plans, as submitted, show the balconies extending to the property line of 1509 Sanchez, with the building located approximately 10' back from this line. Mrs. Giomi stated her belief that the spirit of City Council Resolution No. 24-75 would best be served if 1509 Sanchez were retained as a single family dwelling; she felt R-1 zoning would be violated if this lot is included in the consolidation. Eugene Hannan, 1400 Edgehill Drive, stated the neighbors wanted a singlefamily residing at 1509 Sanchez. There were no further audience comments and the public hearing was closed. Commissioner Mink stated he could not accept the argument that; the R-1 character of 1509 Sanchez Avenue would be maintained when combining this lot with the R-3 lots. Commissioner Mink moved the tentative parcel map, excluding Lot 22, be approved. Motion died for lack of a second. Commissioner Taylor moved that the tentative parcel map as presented, being a merger of Lots 22, 23 and 24,, and a portion of Lots 1, 2 and 3, be approved with the 7 conditions contained in the Asst. City Engineer's February 1, 1979 memo. Second Commissioner Kindig; motion failed on a 3-4 roll call vote, Commissioners Cistulli, Francard, Mink and Jacobs dissenting. Commissioner Mink then moved the tentative parcel map, excluding Lot 22, be approved with the 7 conditions in the interoffice memo from the Asst. City Engineer dated February 1, 1979. Chairman Jacobs stepped from the Chair to second the motion. Motion failed on a 6-1 roll call vote, Commissioners Cistulli, Francard, Kindig, Sine, Taylor and Jacobs dissenting. City Attorney Coleman advised the map would go forward to City Council without recommendation from Commission, and suggested a vote on Item #5, the Variance, be taken for the record. Attorney Polonsky requested the minutes show that, in effect, this was a denial without prejudice. 5. VARIANCE TO ALLOW A BUILDING TO BE CONSTRUCTED 15' BEHIND THE FRONT PROPERTY LINE ADJACENT TO SANCHEZ AVENUE; PROPERTY AT 911/915/927 EL CAMINO REAL, BY ALBERT E. POLONSKY FOR ZEV AND NAVA BEN-SIMON (CONTINUED FROM 2/8/79) Assistant City Planner Yost reviewed this application, noting the code requirement for front setbacks and some existing setbacks in this general area. Staff believed there were unusual circumstances and saw no substantial adverse effect if the variance were approved. Attorney Polonsky requested approval of the variance, and advised that only 70' of the building's Sanchez frontage would have this minimum setback. Chairman Jacobs opened the public hearing. Richard Varni, 1617 Sanchez Avenue and Steve Ercolini, 1000 Balboa Avenue spoke in opposition. Lillian Hax, 1514 Forest View Avenue questioned the effect on the rear setback should this variance not be approved. There were no further comments and the public hearing was closed. Burlingame Planning Commission Minutes Page 5 March 12, 1979 Assistant City Planner Yost reviewed the legal requirements necessary for approval of a variance. Commissioner Kindig pointed out the applicant was moving ingress/ egress from E1 Camino Real to Sanchez Avenue and found that Ito require more than a 15' setback would be a hardship; that the applicant has also offered to build 7' from the property line separating Lots 22 and 23 as mitigation; that in considering the average 15' setback in other areas of the City, the General Plan would not be adversely affected; and that the granting of this variance would not be detrimental to the neighborhood. Commissioner Kindig then moved for approval of the variance; second Commissioner Taylor and approved 5-2 on roll call vote, Commissioners Cistulli and Jacobs dissenting. Appeal procedures were advised. Recess 11:20 P.M.; reconvene 11:30 P.M. Commissioner Kindig was excused at this time. MEETING ITEMS FOR STUDY 6. SPECIAL PERMIT TO CONSTRUCT THE SEABREEZE PLAZA, A 106,000 SF OFFICE BUILDING IN THE C-4 DISTRICT AT 35 BAYVIEW PLACE, BY RAISER ARCHITECTURAL GROUP Assistant City Planner Yost discussed this proposal to construct a 4 story office building in the C-4 District. An initial study and proposed negative declaration have been prepared. Staff found the application complete and recommended it be set for hearing. Communications with BCDC were discussed. Commission was advised the traffic survey information in the above documents was sufficient for the posting of a negative declaration. Item set for hearing March 26, 19•.79. 7. THE "PRIMROSE LAND", A BALLROOM DANCING FACILITY IN A NIGHTCLUB ATMOSPHERE, 1340 HOWARD AVENUE, IN THE C-1 DISTRICT Attorney for the applicant requested item be removed from tonight's agenda; item tabled. 8. SPECIAL PERMIT TO CONSTRUCT A 6,100 SF OFFICE BUILDING IN THE M-1 DISTRICT AND PAVE A 23,000 SF AREA TO THE REAR OF THE BUILDING FOR STORAGE OF 150+ RENTAL CARS AT 855 MAHLER ROAD, BY AMERICAN INTERNATIONAL RENT -A -CAR Assistant City Planner Yost reviewed this proposal to construct an office building in the M-1 District and pave an area at the rear for storage of rental cars. Staff found the application complete and recommended it be set for hearing. Signage requests for American International's Bayshore Highway and Mahler Road properties will come to Commission at a later date. Applicant was requested to review the dimensions between property line, sidewalk and curb, and review landscaping in this area. Item set for hearing March 26, 1979. 9. SPECIAL PERMIT TO OPERATE A CAR RENTAL AGENCY IN THE M-1 DISTRICT AT 875 MAHLER ROAD BY AGENCY RENT -A -CAR Assistant City Planner Yost reviewed this special permit to allow operation of a car rental service in the M-1 District. The application was found to be generally complete and it was set for hearing March 26, 1979. Burlingame, Planning Commission Minutes Page 6 March 12, 1979 10. SPECIAL PERMIT TO OPERATE TRAINING PROGRAMS AND "BUSINESS PRESENTATIONS" OF DYNIQUE INTERNATIONAL COSMETIC PRODUCTS IN THE M-1 DISTRICT AT 875 MAHLER ROAD Assistant City Planner Yost reviewed this application to operate in-house training programs and seminars in the M-1 District. Clarification with regard to the identity of the applicant was requested. Item set for hearing March 26, 1979. Chairman Jacobs stressed the importance of receiving a profile of the other tenants in the 875 Mahler Road building for the public hearings on items 9 and 10. 11. SPECIAL PERMIT TO OPERATE A SANDWICH DELI IN THE M-1 DISTRICT AT 1530 ROLLINS ROAD BY CONSTANTINE TSAVALAS FOR DINO'S DELI Assistant City Planner Yost reviewed this proposal to operate a deli in the M-1 District. Application found to be complete; item set for hearing March 26, 1979. 12. SPECIAL PERMIT TO USE 3.4 ACRES OF LAND UNDER THE PG&E LINES BEHIND 1576-1700 ROLLINS ROAD FOR THE STORAGE OF CARS, RECREATIONAL VEHICLES AND BOATS, PROPERTY ZONED M-1, BY MUNKDALE BROTHERS, INC. 13. VARIANCE TO DEVELOP THE ABOVE 3.4 ACRES WITH PAVING AND E"ENCING BUT NO LANDSCAPING, BY MUNKDALE BROTHERS, INC. Agent for the applicant requested continuation. Item to be rescheduled at a later date. COMMUNICATIONS 14. HAVA SNAK FOOD SERVICE, INC. Assistant City Planner Yost reported that Hava Snak Food Service, Inc. has advised (in accordance with 1/22/79 special permit condition) that a sublessee, Mr. Peter Song, will be operating the Burlingame Executive Center Snack: Bar, 1818 Gilbreth Road beginning March 12, 1979. ADJOURNMENT The meeting adjourned at 12:00 midnight. Respectfully submitted, Everett K. Kindig Secretary